Pension fraud convict: Blame weak law, not the judge, says NBA

Justice Abubakar Talba who, earlier this week sentenced a former Director in the Police Pension Office, John Yakubu Yusufu, to a two-year imprisonment or a fine of N750,000 for the N32.8 billion pension fraud yesterday got the backing of the Nigerian Bar Association (NBA).

The NBA said the judge did the right thing as stipulated by law.

The bar also advised government to accept the cease-fire offer of the Boko Haram “as doubtful as it may be” and urged government to declare a state of emergency in the educational sector with a view to arresting the declining educational standard.

Addressing reporters in Abuja, the NBA President, Okey Wali (SAN), said the weak law on corruption ,and not the judge,should be blamed for the light sentence of Yusufu.

He accused government for lacking a strong will to fight corruption.

Justice Talba’s verdict sparked negative criticisms of the judge across the country.

Wali said if the law under which the accused was charged imposed a maximum punishment of two years with an option of fine, then the judge should not be blame.

He advised the National Assembly to review all obsolete laws in the country, especially the Criminal Penal Code enacted in 1914 by the colonial master.

The NBA boss lamented that the Police lack investigation skills and rely only on confessional statements to prosecute over 90 per cent of criminal cases.

He said: ”When there is a crime, no evidence is retrieved from the scene of crime because finger prints are not taken. No data bank for finger print. In civilized clime, once a crime is committed, the Police take over the scene of crime. We don’t have finger prints and forensic experts anymore. All we have is confessional statement.”

On delayed trials, Wali said: “Trials are bound to delay when judges still take notes in long hand, yes, yes, writing from morning till evening. Technologically speaking, our courts do not belong to this century”.

Reading from the the communique issued on the NBA Peace and Security Summit which ended on Thursday in Abuja, Wali said: “The police force should be fe-trained and re-equipped to be able to confront the criminal menaces.

“It is becoming more evident with each passing day that the present military or armed approach at solving the problem of insecurity is not enough”.

Wali said further: “The political class should work hard to fulfil the expectations of the masses by providing good governance and avoiding corruption and loud and ostentatious living with ill-gotten wealth.

“Government should take urgent steps to address the problems of excruciating poverty in the land, inequitable distribution of income and basic economic infrastructure and unemployment.

“Governments at all levels should, as a matter of urgency, introduce scholarship schemes for the purposes of taking the loitering millions of children off the streets and into schools-possibly boarding schools-and thereby keep them away from the reach and influence of crimes of different shades and colours.

“Government should put in place anti-reprisal mechanism whereby victims of violence and insurgency are quickly pacified and economically restored and rehabilitated.

“Government should create a transparent and trust-worthy mechanism for dialoguing with insurgents as well as for addressing their grievances.

“Government should display convincing strong will in fighting corruption and should avoid using the law enforcement agencies as instruments of blackmail or selective justice.

“The heads of various levels of court in the land should treat corruption, security-related and kidnapping cases as of utmost public policy importance by designating some courts in their various jurisdictions to handle and determine such cases on the day-to-day basis.

“Government should champion the move to get the National Assembly to amend the constitution and remove the immunity clause in order to underscore government’s seriousness in fighting corruption at all levels.

“A moderated position between pro- and anti – state police proponents is recommended to the effect that the police force, both at the federal and state levels, should be made independent in terms of appointments, commands and operations and finances in order to eliminate the abusive uses to which the power holders have been known to put the police since Nigeria’s independence.

“That the NBA would put in place appropriate machinery for monitoring and investigating impunity and executive lawlessness.

“The EFCC Act should be amended to incorporate the fullness of the provisions of the first EFCC bill drafted by Justice Kayode Esho Committee which proposed that anybody exhibiting wealth beyond his visible means of income be made to account for his source of income.

“The police force should be re-trained and re-equipped to be able to confront the criminal menaces of our present time.”

We should not blame the judge because of weak law! Nigeria have the constitution implemented, but not enforced as a result of government interference and manipulation of judiciary system. A new bill on corruption needs to be passed to law immediately either with minimum of 25 years to maximum of 50 years imprisonment or death penalty.

For NBA to exonerate the Judge for the poor initiative in sentenciing the convicted pension thief is pathetic. Why can,t this Judge be blamed. The law stipulates two year jail term, for each offense and N250.000 fine or both. Considering the gravity of the offense, Why did this judge not take off the fine option or in alternative give him both.
His sentecing formula was so weak that it made a caricature of the Nigerian legal system. Judges should not be lenient to criminals especially where they pleaded guilty. He should be punished according to the gravity of the offense. In this case it appears the judge was sympathetic to the accused. We all should be sensitive on the havoc this corruption is causing this country, and anybody in the position todeal with this criminals should not look back in punishing them so we can relaim our country.

Joe

Thank you joelance. God bless you. This NBA president has a DIRTY MIND. I hope ACN did not sponsor okey Wali’s election to fight this government. Why should Nigerian judge jail a goat thief more punitive than a man that stole N27billion. Nigerian judges are wicked!

abayomi toluwalope

there is too much talk on the part of most institutions in this country and this i think is the reason why we hav more talk no action even on the part of the government. the government knows that talks will only stop at the tables without further action. another thing is that he who come to equity must come with clean hands, the NBA that is coming up with many proposal is still the same body(by members) that defend the criminals giving them the impression that nothing is wrong in their criminality, defend them in courts, look for ways to bail them from trouble, how on earth can the same body cry fowl to the government which ab initio is not ready to do good.

Prince Lawson Akintokun

God bless NBA.

BENNETT

Have we finished blaming the Colonial Masters for the Laws given to us?
Even in situations of this nature, when they are giving those handled by THEM real decisive PUNISHMENT.

Moses

NBA! Birds of the same feather. Lawyers and Judges, more than any other group of professionals, are the major obstacles to good justice in this country. Past Attorney Generals and Miinisters of Justice – Bayo Ojo, Aondooka, Adoke etc. They intentionally left the law weak because they envisage that it may be their turn one day to be judged. NBA is a corrupt association where election into the executive has been rigged and officers accused of stealing in the past. What else can we say?

BLUE BLOOD

What else would come out of the NBA. The judge had three options. Each of the three charges carry (a) two years imprisonment (b) 2 years + fine (c) 2 years or option of fine. Why did he choose the least, considering the amount stolen, the effect on the country and pensioners, and even after he (Judge) had given out a lecture in court before sentencing about how corruption is destroying the society and people like the accused being part of it. What a laugh. Yes it is the law, but under that law, he should have given out the maximum sentence. In this, he deserves blame. I agree wholeheartedly with @joelance. By the way how did he arrive at the amount of fine to be paid? The law did not stipulate. The judge is to use his discretion. Pray tell me, was N750,000 the best the judge could come up with. And NBA says he should not be blamed. Pleeeze.

Idahosa Osagie Ojo

I think the challenge bedeviling our nation is not the gravity of the punishment of offenders but the certainty of the punishment. If 80% of corruption related cases are concluded in the courts, even if it is just one month imprisonment, I think corruption would reduced significantly.

Infact d problem facing this country is our judiciary,a person will steel goat and sentenced for 5yrs imprionsment,while a useless idiot will stole money that belong to poor people and later a a weak will desence so low to sentenced the idiot to 2yrs imprionsment with option of #750:000.judiciary should correct their mistakes

Iroro

Thank you and God Bless you joelance. What a pity befall us in this country call Nigeria! How can the President of NBA say a thing like this! I still do not believe he spoke for the NBA, however if that is the the true position, then the expectation the Nigeria people have about the Judiciary pulling us from corrupt mess of our politicians is a dash. (A market woman will not give such judgement as guided by the law even as weak as the NBA see it).

bob adams

NBA should be ashamed for trying to defend that judge. A man stole a phone worth N17000 in Ondo State and was jailed 3 yrs, yet another man stole over N23b and was fined N750,000. So where does the issue of weak come in ? NBA has always been encouraging corruption in Nigeria. The press should also focus on the shameful role of the NBA and the Judiciary in promoting corruption in the country.

QASIM, Yomi

NBA LEADERSHIP PLUS THE JUDGES = CORRUPTION INCORPORATION NIGERIA. THEIR STAFF ARE CORRUPT CIVIL SERVANTS, MEN OF GOD, POLITICIANS.
WHEN WALI (SAN) WAS ELECTED CHAIRMAN HIS ACCEPTANCE SPEECH SHOULD HAVE CONTAINED WEAK LAWS THAT WILL BE REMOVED, WAYS TO STRENGTHEN THE LEGAL SYSTEM, HE SHOULD HAVE BEEN SO WORRIED ABOUT CORRUPTION. BUT NO BECAUSE HE IS A PART OF THE HIGHLY DENEGERATE SYSTEM, THAT HE MUST COUNT HIS REWARD IN FULL IN A DECAYING SYSTEM.
LAWAL WAS TRIED; WHAT ABOUT OTEDOLA THE CRIMINAL GIVER OF THE DECAYING MONEY. OTEDOLA COULD NOT KILL LAWAL PERHAPS BEING TOO OBVIOUS, SO HE MUST FIGHT DIRTY. THAT ONE TOO IS AN EXAMPLE OF WEAK LAW.
WHAT A ROTTEN POLITICAL AND JUDICIAL SYSTEMS.
MAY ALLAH DESCEND HIS WRATH ON THEM ALL AND FREE THE POOR PEOPLE FROM THIS WICKED AND HEARTLESS INTERNAL COLONIALIST.
THE EXPERIENCE TODAY IS WORSE THAN SLAVERY AND COLONIALISM OF THE PAST.
THE YOUTH ARISE AND SET FORTH TO BANISH THESE WICKED PDP REGIME FROM NIGERIA.

QASIM, Yomi

OLE GBE + OLE GBA = 2 YEARS OR N750,000.00. AND PLEA BARGAIN FOR MADAM IBRU, ERASTUS AKINGBOLA IS WALKING FREE, IG TAFA I THINK 6 MONTH IMPRISONMENT FOR STEALING N17 BILLION, LAGOS BOY GEORGE CASE TOO IS STILL FRESH. WHAT A HEARTLESS, WICKED AND DESTRUCTIVE HUMAN LOCUST IN POSITION OF AUTHORITY IN NIGERIA.
THE YOUTH AND THE NATION CAN NEVER DEVELOP, WHEN MONIES FOR DEVELOPMENT IS BEING STOLEN EFFORTLESSLY BY FEW ENEMIES OF YOUNG NIGERIANS.
THE TIME SHOULD BE WRIPE FOR THE NIGERIAN SPRING OR EVERY TRIBE SHOULD GO AND FORM THEIR NATIONS. THERE IS NO NATIONALISM BUT THE SEVERE GREED OF THE FEW. MAY ALLAH DESCEND HIS WRATH ON THESE PEOPLE AND THEIR FAMILIES AMIN. MAY THEM NEVER RISE AGAIN AMIN

Yomi Oloko

The NBA should realise that just because we are not lawyers does not mean we are ignorant.
That is why in America an accused person is allowed to defend themselves in court with out the use of a lawyer .
Justice Talba at the least is guilty of insensitivity and misapplication of the law and at worst some would accuse him of being influenced by outside forces.
Even if his hands are tied in relation to the length of the sentence the not so honourable Justice DID NOT have to give the thief an option of a fine. He could have given him just the 2 year prison sentence.
We are not surprised that NBA are coming out to defend the justice in that many lawyers and SANs are making a fantastic living defending corrupt politicians and civil servants and are aware of corrupt judges but instead of speaking out they use the corrupt judges to get the best outcomes for their clients

The law under which the accused was charged imposed a maximum punishment of two years with an option of fine, then the judge should not be blame. Our National Assembly must review all obsolete laws in the country, especially the Criminal Penal Code enacted in 1914 by the colonial master. And Nigeria police has a role to play here. When there is a crime, no evidence is retrieved from the scene of crime because finger prints are not taken. No data bank for finger print. In civilized clime, once a crime is committed, the Police take over the scene of crime. We don’t have finger prints and forensic experts anymore. All we have is confessional statements. The Police lack investigation skills and rely only on confessional statements to prosecute over 96 per cent of criminal cases.The police force should be re-trained and re-equipped to be able to confront the criminal menaces and most importantly,the EFCC Act should be amended to incorporate the fullness of the provisions of the first EFCC bill drafted by Justice Kayode Esho Committee.

Eddy olaniyi

What is the country turning to. Greed, corruption and lack of respect to God amighty have filled the heart of men. They never think about 6feet below. Hm, our law is weak says the NBA, therefore we should begin to eat the nation cake. The day of judgement is coming

Suleiman Mahmud

The trueth speecks for it self the NBA will nt come out
And defend the Judge unless it has a prove beyong
reasonable douhgt so the bleame has been obsolved
From the RH Hon Jus Talba the Law is there for everyone
Cares to findout what the punishement stipulates and
Is left for the disgreation of the court for the option of
Fine the defence council plead on behave of the accused
That. One this is his first offence, two he is hypertensive.
Chronic heart problem,three he has aged parents, loads
Of people depends on him for there livelihood..

Ebuka Amaechi

The shameful and an unacceptable defence by Barr.Wali that weak law was respon sible for an Abuja high court to sentence a pen theif who agree d to stealing only N26 b from the police pension fund to mere 2 years pat on the back jail term and an option to N75O,OOO fine,which Mr Yakubu John quickly paid from his bananriga pocket and walked out freely to enjoy his loot which has contrib uted to the deaths, inc apacitation, failure to meet their family needs,while of some the deprived Pension eers are presently down with stroke and other ailments and Barr.Wali want Nigeri ans to accept his ill timed and cock and bull stories.Asstming weak laws are respon sible for the rought and massive Corruptio n in the Judiciary,One is compelled to what stops the NBA from sending bills to the National Assembly with a view to bringn such obsolete and corruption laws to the standard that is applie d all the world to deal with the massive Corruption that dented Nigerias image accross the world,though the NBA are the direct benefica ries of the Nations weak law,why introduce that will remover Ten percenta from their purses. We know them all.

The position of the President of the Nigerian Bar association may not necessarily represents the view of the NBA in the Nigerian Police Pension Fund fraud as it seems to be lacking sound legal argument. First of all, I have to praise him for articulating some degree of reasonableness in his presentation. He identified weakness in the Nigerian criminal pena code as the reason Justice Yakubu Yusufu slapped the fraudsters at their wrist with 2 years or 750,000 Naira fine for stealing 2.3 Billion Naira, Police money. He specifically called for the establishment of a special court to try financial crimes and finally, he called for a thorough review of the Nigerian Criminal Code and as well as calling for retraining of the law enforcement agencies. However, his calls for a middle ground on state police issue is nothing but a bad call or no call at all because the present setup in the police administration is as ggod as his call. He ought to be bold enough to catigorically call for state police for there to be efficient and thorough polcing in the society. Nigeria is not Egypt or Sudan where democracy is still very far from being the socio-political value. Niegeria is a democratic nation now, a presedential system of government just as is obtained in the United States of America where there is Municipal Police, Regional Police, Statel Police and Federal Police. Superior Police Organization can take over investigation from a lower level if there is any reason to do so. His call for a truce with Boko Haram by the Federal Government is a bad judgement call. Is he saying that governments of both State and Federal should pay the criminals 2.6 billion naira they are asking for? Has he forgot so soon how Obasanjo brokered peace deal with this same group and made Goodluck to pay 500,000,000 naira to them for peace and yet the peace never came?. The Federal government could have appealed the court decision which was based on the said weak law and win the case. But we were made to believe that peace is more paramounth than money and we were wrong. This time they need money to finance their operations since they have been dislodged from Mali where they normally receive financial aid from some influentia donors internally and externally, that’s why they are faking truce which Mr. NBA President is advocating support for. The most incredible call is the call for EFCC bill to be changed to allow people’s rights guaranteed undr the United Nation Charter of Rights and Freedom to be violated by seizing properties belonging to people suspected to be living above their means at random. Mr NBA president I am not sure you mean that any way. The press may have misquoted you, I think.l

Kkunle

Okey Wali is talking rubbish. If the stupid judge was intent on doing justice he wont give the option of fine let alone a derisory one at that.